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yogesh (will tell you later)     20 July 2008

How to file Civil Writ Petition In Delhi High Court?

How to file C.W.P in Delhi High Court?

I am law graduate and I want to file Civil Writ Petition in High Court as petitioner in person regarding service matter (Original Side).Please provides me the step by step procedure of filing the same?

1 Petition + Affidavit+ Annexure + Notice of motion with 6 copies which needs to file in the filing counter who in returns give filing number

2 After clearance from any defections the same will be returned to the petitioner

 

Thereafter, if you are aware of the same Please let me know in detail at earliest what procedure remains till first hearing?

 



Learning

 17 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 July 2008

Rule 1 of Order-7 of CPC explains about the particulars to be contained in a plaint.The plaint shall contain the following prticulars. 1. The name of the court in which the suit is brought,2.the name, description and place of residence of the plaintiff.3. the name, description and place of residence of the defendant, so far as they can be ascertained4. Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect. 5. The facts constituting the cause of action and when it arose. 6. the facts showing that the court has jurisdiction, 7. the relief which the plaintiff claims,8. where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and 9. A statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits.

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     21 July 2008

Rule 1 of Order-7 of CPC explains about the particulars to be contained in a plaint.The plaint shall contain the following prticulars. 1. The name of the court in which the suit is brought,2.the name, description and place of residence of the plaintiff.3. the name, description and place of residence of the defendant, so far as they can be ascertained4. Where the plaintiff or the defendant is a minor or a person of unsound mind, a statement to that effect. 5. The facts constituting the cause of action and when it arose. 6. the facts showing that the court has jurisdiction, 7. the relief which the plaintiff claims,8. where the plaintiff has allowed a set-off or relinquished a portion of his claim, the amount so allowed or relinquished; and 9. A statement of the value of the subject-matter of the suit for the purposes of jurisdiction and of court-fees, so far as the case admits. Under article 32, the supreme court is powered to entertain writs. Under article 226 the high courts are emplowered to entertain the writs.The writs r several types. (a) the writ of habeas corpus:- A Habeas corpus is a prerogative writ directed to a peson who detains another in custody and commands him to produce or  'have the body' of that person before the court.'(B) The writ of Mandamus:-The condition precedent  for asking the writ of Mandamus is that the petitioner should have a legal right and the public authority should have an legal obligation to perform such legal duty.(c)writ of certiorari & (d) writ of prohibition can only be issued to the inferior courts, tribunals or quasi-ducial bodies, whose function is judicial nature.

yogesh (will tell you later)     21 July 2008

Thanks for reply posted here,In fact I am asking the procedure that needs to follow not the procedure prescribed by Civil Procedure Code that all civil courts including the Hon'ble High court be binding.In fact I need the advise the number of copies that need to filed at the filing counter and how the case number should be alloted and procedure  for hearing.Please inform that whether the procedure which the consumer /civil courts follow also be same in Delhi High Court

KANDE VENKATESH GUPTA (ADVOCATE)     21 July 2008

Writ Petition is to be filed before the High Court.  You did not give full particulars as to what is the nature of the relief you want to claim, for giving clear advice. You have to file the writ petition along with the documents you want to rely. The High Court u/s 226 is not a court of fact. It is a Court of Law. After filing of the writ petition, the registry of the High Court will scrutinize your application whether the same is in order and the same is filed in accordance with the writ rules. If the writ petition is filed in proper manner, the same will be assigned W.P. number. If the registry feels that your petition is not filed in proper manner, the same will be returned to you, with the specific objections. After compliance of the same, you have to resubmit the same within the specified period by the Registry.   After registry assigns the number to your writ petition, the same will be listed for admission before the concerned judge. The Judge after hearing you on the day when the matter listed, he may
(i) admit the writ petition and grant interim prayeras prayed by you,

(ii) He may order notice before admission and direct the registry to list the writ petition on any particular date and grant interim prayer prayed for by you. ON the specified date, the respondents are at liberty to file their counter and oppose your writ petition. Then the matter will be decided finally by passing appropriate orders.

(iii) Simply admit the writ petition without granting interim prayer.

Once the matter is admitted, the final hearing will takes place on any specified date. In the meanwhile the respondents have to file their counters opposng your writ petition. If the specified date is not given, you have to regularly watch the cause list of the court to verify whether your matter is listed.

There is no procedure for trial i.e., examination of the witnesses and marking of the documents through the witnesses in the High Court in writ jurisdiction. The matter will be decided on the affidavits filed by the parties. Question of Disputed Facts will not be entertained by the High Court.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     17 July 2011

* If witnesses are not examined, disputed facts are not tried, then a party can file false affidavit, play professional tricks in any process etc and spoil justice.

* Can punishment for perjury be one amongst other prayers in a writ- Yes / No.

* Is deliberate false affidavit in a lower court punishable under perjury? What all should be established?

* Is a writ admissible against official respondents and personal respondents?

* There are 9 respondents (all in same address) and the case document along with enclosures comes to 700 pages. So, can one copy be served on the first official respondent, one copy filed with court at admission stage and the rest of the 8 copies be sent to the rest of the 8 respondents at time of court notice?

yogesh (will tell you later)     17 July 2011

Yes, normally uyou have to give  2 copies to the standing counsel of xyz Organisation and when it is admitted then you have to serve the copies under process fees service

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     17 July 2011

So, deliberate false affidavit in a lower court IS perjury and punishment for perjury can be one amongst the prayers amongst other reliefs, interim relief in a writ.

 

Now, coming to characteristic of this case:

* It pertains illegalities that closed a contempt petition in CAT.

* It involves a cognisable offence and then perjury.

* The case has 3 official respondents, 5 personal respondents and the lawyer who committed this.

I am given to understand that I need to serve a copy on the first official respondent and file one with the court. Once it is admitted, I would have to file the rest of the 8 copies and the additional fees (to serve on opponents).

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     18 July 2011

I sense that opponent will play foul right at admission stage so that they will not be subjected to further probe etc and end up getting punished for their crime.

Crime is crime. Only the person who bears the brunt of it knows it. In a earlier instance criminal on whom case has been filed and court should have investigated has responded as official respondent and the law mechanism has not taken cognisance of the offence, a neo-crime in itself.

So, I want to take precaution. I would serve them the mandatory copy, file 1 or 2 copies (as required) with court registry and simulataneously move an "Application requesting that individuals listed in the case should not  be allowed to be official respondents in the case".

This application is very much needed because the criminal who should be tried has full control of affairs at the other end and is manipulating. Is this application permissible?

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     18 July 2011

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     13 October 2011

Can a writ be filed ONLY ONE TOPIC i.e. Perjury in lower court proceedings (which could not even be detected at that stage, but is v.v.v.v clear now)?

V.N.K. MENON (Chairman)     19 April 2012

(URGENT, PLEASE)

In the past, collective wisdom of the Lawyers' club has given me good guidance. I would solicit  collective wisdom/opinion from  experts and friends as to which is the correct route in the light of the following.



Background:

Operating part of the order granting relief u/s 17B ID. Act by H/Court  of Delhi is reproduced:

“the Co. is willing to pay wages under Section 17B of the ID Act to the workman from the date of the award till the end of January 2009, and the workman can join service of the company from 1st February 2009, subject to the final result of the writ petition . Needless to say that S. 17B wages will be payable at the rate of last drawn wages, i.e. Rs. 15,500/- and the counsel for the company agrees to pay this amount to the workman within four weeks from today." THE MATTER HAS NOT REACHED FINALITY. 

Facts of the matter is Rs. 15,500/- has been decided for the purpose of relief u/s 17-B, whereas actual quantum of last drawn wages is 18,500/-. “Reinstatement” has been admitted by employer by way of sworn affidavit. But in the shadow of 17-B order as extracted above, the employer has given a new letter making up/ designing the wages of  to 15,500/- on reinstatement which was expressly received “without prejudice to my rights” . Several communications had been sent to employer to pay righteous wages since there is no authority to reduce the quantum of wages on reinstatement by any law.

In view of facts and circumstances:


I am in urgent need of guidance/ collective wisdom of friends and experts: as to the ingredients and/ route to be taken in order to file petition under S.474 Cr.PC. sub-titled: “Trial before High Court” for taking cognizance of forgery against Accused as defined in S.463 IPC .


Whether it should be a regular W/P, like Urgent application, Notice of Motion, Memo of parties & List of dates and events, so that no objection is raised. I want to teach a lesson to cantankerous management.  There is enough proof that the management is a chronic law-breaker,  interalia  FIR is pending in Himachal Courts on graft charges against them.

 { In the mean time,  I would like to mention here that a criminal case ( in nacent stage)  is already pending in trial courrt aginst the said management  for having defaulted p.f. contributions for 8 years u/s S. 420, 405, 406, 24, 25 IPC and also underr the provisions of Prevention of Corruption Act against the management and p,.f. authorities, due to inaction by them albeit complaint had been made against the management.

I am also contemplating to file a contempt case against the management u/s 340 as the management had stated by way of sworn affidavit that they had given a guarantee for a personal loan taken from a Bank, whereas the Bank had stated in the consumer court that the said management had  neither  given any guarantee nor counter-signed the loan agreement as a reason (to escape from action)  for approaching me for liquidation of loan. This is because I filed a consumer case against the bank for deficiency in service and threatening. }

Thanks in antcipation.

 

V.N.K. MENON (Chairman)     19 April 2012

Shall appreciate a skeleton contempt petition; I am party in person, please.

Dr K Chaudhry (Owner)     24 October 2012

Supreme Court has provision of efiling writ petitions. Whereas writ petition may be filed by any body either in person or through a lawyer, I wonder why efiling is accepted only through lawyer. 

I also wonder why efiling is not offered by high courts and lower courts.

Petition with statutory annexures and payment is to be submitted at filing counter. I wonder what would be the fate of complete petition set sent to Registrar, Delhi High Court - or such other address - through courier.

I plan to file a series of writ petitions begining with a case against Delhi Medical Council. This post is the first one after birth of a virtual lawyer.

Dr K Chaudhry

https://ukmall.net/lawyers.html

yogesh (will tell you later)     25 October 2012

Dear Dr Chaudhary Sir,

 You can file the petition in person before supreme court even by e-filing.However advocates cannot file the e-filing.This privilidge is only for advocates on records and petitioner in person

However filing through post is treated be as irregular as registry imposed objections which has to be duly received by petitioner/advocates and has to be refiled the matter within stipulated time

Regards


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